2021 Updates on Sealing Criminal Records

• Publication year: 2022
• Pages: 22

51 Colo.Law. 22 2021 Updates on Sealing Criminal Records No. Vol. 51, No. 5 [Page 22] Colorado Lawyer May, 2022

CRIMINAL LAW

GORDON P. GALLAGHER JUDGE

This article highlights the 2021 amendments to Colorado law on sealing criminal records.

A November 2020 Colorado Lawyer article focused on major changes to the statutes governing the sealing of criminal records that were codified in 2019.^[1] This article discusses significant updates to those amendments enacted in Colorado HB 21-1214, which became effective September 7, 2021.^[2] The changes impact generations of former defendants by offering them additional opportunities to seal criminal records and thus remove barriers to employment, housing, and economic security.

Highlights of the 2021 Changes

The 2021 statutory amendments include

■ the ability to seal multiple convictions.^[3]

■ the ability to seal records after a "full and unconditional pardon."^[4]

■ mandatory sealing when no charges are filed after arrest.^[5]

■ authorization for the Colorado State Public Defender (CSPD) and the Office of Alternate Defense Counsel (ADC) to accept gifts and donations to pay for sealing.^[6]

Because a significant portion of former defendants was likely advised—correctly at the time—that they were ineligible to seal their convictions, practitioners should familiarize themselves with these new provisions and take reasonable steps to notify defendants who may be affected.

Sealing Multiple Convictions

Perhaps the most significant changes to the sealing statutes address the ability to seal multiple convictions. Formerly, an individual with multiple convictions could qualify to have the latest conviction sealed, but prior convictions would lose eligibility for sealing if the individual had any new convictions. Now, and depending on the conviction level, an individual can seal up to five eligible convictions.^[7] Consistent with sealing statutes generally, a graduated formula delineates how long a defendant must wait to petition for sealing after the later of the final disposition date in all criminal proceedings against the defendant or his or her release from supervision concerning the conviction, or the latest in time criminal conviction of multiple convictions. The formula also states the maximum number of convictions a defendant may have to be eligible for sealing, based on the severity of the crime. The CRS § 24-72-709(2) and (3) formula provides that a person with convictions must...